643.335. Waiver amount established by commission, cost, limits--verification of repairs, procedure--waiver form, affidavit--amount, how calculated--waiver amount for repairs by owner, form--waiver amo
Waiver amount established by commission, cost, limits--verification ofrepairs, procedure--waiver form, affidavit--amount, howcalculated--waiver amount for repairs by owner, form--waiveramount for owners receiving public assistance.
643.335. 1. The commission shall establish, by rule, a waiver amountwhich shall be no greater than four hundred and fifty dollars.
2. The commission shall establish, by rule, a form and a procedure forverifying that repair and adjustment was performed on a failing vehicle priorto the granting of a waiver and approval.
3. The waiver form established pursuant to subsection 2 of this sectionshall be an affidavit requiring:
(1) A statement signed by the repairer that the specified work was doneand stating the itemized charges for the work; and
(2) A statement signed by the commission or designee that an inspectionof the vehicle verified, to the extent practical, that the specified work wasdone. An inspection to verify whether repair work was performed or not shallnot be conducted by the same inspection station, inspector, or affiliate thatperformed the repair work.
4. A vehicle which fails upon reinspection to meet the emissionsstandards specified by the commission shall have the emissions standardswaived and receive approval only if the owner furnishes a complete, signedaffidavit satisfying the requirements of subsection 3 of this section and thecost of the parts, repairs and adjustment work performed is equal to orgreater than the waiver amount established by the commission. Costs forrepair work may only be included toward reaching the waiver amount if therepairs are performed by a recognized repair technician. As used in thissection, a "recognized repair technician" means a repair technician who hasobtained and possesses* valid A6, A8, and L1 certifications from the NationalInstitute for Automotive Service Excellence.
5. No cost for parts, repairs or adjustments shall be included towardreaching the waiver amount if such costs are covered by an emission controlperformance warranty provided by the manufacturer at no additional cost to thevehicle owner unless the vehicle owner provides, with the affidavit, a writtendenial of warranty remedy from the motor vehicle manufacturer, dealer or otherperson providing the warranty.
6. No cost for parts, repairs or adjustments shall be included towardreaching the waiver amount if such costs are required to correct the effectsof tampering with emissions systems or air pollution control devices.
7. Notwithstanding subsection 1 of this section, the waiver amount foran owner that performs repair work on his or her own vehicle shall be fourhundred dollars, provided that the cost of the parts utilized by the owner toperform the repair is equal to or greater than four hundred dollars. Thetypes of parts that shall account toward the waiver amount described in thissubsection shall include only emission control components described in 40 CFRSection 51.360, as amended. The cost for labor performed by the owner shallnot count toward the waiver limit. The commission shall establish, by rule, awaiver form for repair work performed by a vehicle owner. Such form shallinclude, but not be limited to:
(1) A statement signed by the owner that the owner expended a minimum offour hundred dollars on qualified emission control components and that theowner installed such components; and
(2) A statement signed by the commission or its designee that aninspection of the vehicle verified, to the extent practical, that thequalified components were installed.
The owner also shall submit all original receipts for emission-related parts.
8. The commission may establish, by rule, a waiver amount which may belower for owners who provide reasonable and reliable proof to the commissionthat the owner is financially dependant solely on state and federal disabilitybenefits and other public assistance programs. Such proof shall be submittedto the commission thirty calendar days prior to each subsequent emissionsinspection before the lowered waiver amount is allowed. For the purposes ofthis section, "reasonable and reliable proof" shall mean government-issueddocumentation providing explanation of said customer's disability andfinancial assistance with regard to personal income.
(L. 1994 S.B. 590, A.L. 1999 H.B. 603, et al. merged with S.B. 19, A.L. 2006 S.B. 583)Effective 9-01-07
*Word "possess" appears in original rolls.